IN THE CASE OF:	  

		BOARD DATE:	        16 APRIL 2009

		DOCKET NUMBER:  AR20090000908 


THE BOARD CONSIDERED THE FOLLOWING EVIDENCE:

1.  Application for correction of military records (with supporting documents provided, if any).

2.  Military Personnel Records and advisory opinions (if any).


THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:

1.  The applicant requests, in effect, that his DD Form 214 (Certificate of Release or Discharge from Active Duty [AD]) that was issued at the time of his retirement on 31 January 1991 be corrected to show that he:

	a.  possessed military occupational specialty (MOS) 24U (Nike Hercules Electronics Mechanic) in item 11 (Primary Specialty);

	b.  entered in the military on 28 May 1970 in item 12a (Date Entered AD This Period); and

	c.  spent a total of 15 months in Korea in item 12f (Foreign Service).

2.  The applicant states, in effect, that item 11 of his DD Form 214 should include MOS 24U.  He also contends that item 12a of his DD Form 214 only shows that he had 14 months of active duty service and that it incorrectly shows that he entered the military in 1976 instead of May 1970.  Further, he contends that item 12f of his DD Form 214 should show that he spent a total of 15 months in Korea.  The applicant also states, in effect, that he misplaced his original DD Form 214 [for the period ending 31 January 1991] and he needs one without the "black stuff" at the bottom.

3.  The applicant provides his DD Form 214 for the period ending 31 January 1991; a DA Form 2339 (Application for Voluntary Retirement), dated 8 August 1990; and a self-authored statement, dated 21 November 2008 in support of this application.
CONSIDERATION OF EVIDENCE:

1.  Title 10, U.S. Code, section 1552(b), provides that applications for correction of military records must be filed within 3 years after discovery of the alleged error or injustice.  This provision of law also allows the Army Board for Correction of Military Records (ABCMR) to excuse an applicant’s failure to timely file within the 3-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so.  While it appears the applicant did not file within the time frame provided in the statute of limitations, the ABCMR has elected to conduct a substantive review of this case and, only to the extent relief, if any, is granted, has determined it is in the interest of justice to excuse the applicant’s failure to timely file.  In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.

2.  The applicant states that he misplaced his [retirement] DD Form 214 and needs one without the "black stuff" at the bottom (referring to the Special Additional Information items, e.g. type of separation, character of service, separation authority, separation code, reentry code, narrative reason for separation, and dates of time lost this period).  A copy of the requested DD Form 214 that is contained in his official records will be provided to the applicant with these Proceedings.  Therefore, this issue will not be further discussed in these Proceedings.

3.  The applicant's military records show that he enlisted in the Regular Army on 28 May 1970.  He completed initial entry training and was awarded MOS 24U.  He served in Korea from 21 October 1971 to 18 December 1972, and then was honorably released from active duty on 19 December 1972.  He was subsequently transferred to the U.S. Army Reserve (USAR) Control Group (Reinforcement) to complete his remaining Reserve obligation.  Item 23a (Specialty Number and Title) of his DD Form 214 for the period ending
19 December 1972 shows the MOS 24U.  Item 22b (Total Active Service) of this report show he completed 2 years, 6 months, and 22 days of creditable active service.  Item 22e (Foreign and/or Sea Service) shows the entry "USARPAC"
1 year, 1 month, and 27 days.

4.  On 25 July 1973, the applicant again enlisted in the Regular Army until he was honorably discharged on 28 April 1976 for the purpose of immediate reenlistment, having served a total of 2 years, 9 months, and 4 days of creditable 


service this period.  A DD Form 214 for this period of service is not in the applicant's available records.

5.  The applicant reenlisted on 29 April 1976 and he continuously served on active duty in MOSs 16D (Hawk Missile Crewmember) and 21L (Pershing Electronics Repairer) until he was retired on 31 January 1991 after completing a total of 20 years and 28 days of active service.  Item 12f shows he completed     6 years and 17 days of foreign service (two tours in Germany).

6.  The applicant's DD Form 214 for the period ending 31 January 1991 does not show that he possessed MOS 24U.  Item 6 (Military Occupational Specialties) of his DA Form 2-1 (Personnel Qualification Record - Part II) does not show that he possessed MOS 24U at the time of his retirement.  

7.  Army Regulation 635-5 (Separation Documents) provides the regulatory guidance for the preparation of the DD Form 214.  The version in effect at the time of the applicant's retirement provided, in pertinent part, that for item 11, the primary MOS and all additional MOSs served for a period of 1 year or more would be entered.  They must be validated by the DA Form 2-1.

8.  This same regulation provided, in pertinent part, that for item 12a, the beginning date of the enlistment period or tour of AD for which a DD Form 214 was not issued would be entered.  For item 12f, it provided that the total amount of foreign service completed during the period covered in item 12c (Net Active Service This Period) would be entered.

9.  Army Regulation 15-185 (Army Board for Correction of Military Records) prescribes the policies and procedures for correction of military records by the Secretary of the Army, acting through the ABCMR.  This regulation provides that the ABCMR begins its consideration of each case with the presumption of administrative regularity.  The applicant has the burden of proving an error or injustice by a preponderance of the evidence.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that his DD Form 214 should be corrected to show that he:

	a.  possessed MOS 24U2O in item 11;



	b.  entered in the military in May 1970 in item 12a; and

	c.  spent a total of 15 months in Korea in item 12f.

2.  While the applicant possessed and served in MOS 24U, he did so during his first enlistment, which is accurately portrayed in his DD Form 214 for the period ending 19 December 1972.  Additionally, his MOS of 24U was not validated by his DA Form 2-1.  As a result, there is insufficient basis for adding MOS 24U to his DD Form 214.

3.  The applicant contends that item 12a of his DD Form 214 for the period ending 31 January 1991 only shows that he had 14 months (sic) of active duty service; however, this item does not indicate the amount of service performed by the applicant, but rather the date he entered AD for the period covered by this DD Form 214.  He also stated that this item incorrectly shows that he entered the 
military in 1976 instead of May 1970, but the applicant's service prior to 29 April 1976 was covered by two previously issued DD Forms 214 - one for the period 28 May 1970 to 19 December 1972; and another for the period 25 July 1973 to 28 April 1976.  While the applicant may be inferring that his DD Form 214 only shows that he completed 14 years of active duty service, he actually served for 14 years, 9 months, and 2 days during this period of service.  Item 12d (Total Prior Active Service) of this document correctly lists his prior active service as 
5 years, 3 months, and 26 days.  Therefore, combining his total prior active service of 5 years, 3 months, and 26 days with the 14 years, 9 months, and
2 days of active service this period, his DD Form 214 for the period ending
31 January 1991 accurately reflects his total active service of 20 years and
28 days.  In view of the foregoing, there is no basis for correcting item 12a of his DD Form 214 for the period ending 31 January 1991.

4.  The applicant also contends that item 12f of his DD Form 214 for the period ending 31 January 1991 should show that he spent a total of 15 months in Korea.  The applicant actually spent 13 months and 27 days in Korea during the period from 21 October 1971 to 18 December 1972, and as this service was performed during his first enlistment, it is properly annotated on his DD Form 214 for the period ending 19 December 1972.  Item 12f of his DD Form 214 for the period ending 31 January 1991 correctly reflects his foreign service of 6 years and
17 days during his two overseas tours in Germany that he performed during this period of service.  As Item 12f of his DD Form 214 for the period ending
31 January 1991 correctly only reflects his overseas service during this period of service, there is no basis for correcting item 12f of this DD Form 214.



BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

___X_____  ___X_____  ___X_____  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The evidence presented does not demonstrate the existence of a probable error or injustice.  Therefore, the Board determined that the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned.

2.  The Board wants the applicant and all others concerned to know that this action in no way diminishes the sacrifices made by the applicant in service to the United States throughout his military career.  The applicant and all Americans should be justifiably proud of his service in arms.



      ________XXX________________
               CHAIRPERSON
      
I certify that herein is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in this case.

ABCMR Record of Proceedings (cont)                                         AR20090000908



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ABCMR Record of Proceedings (cont)                                         AR20090000908



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